Record returned to U.S.C.A. for Federal Circuit.

JUDGMENT ISSUED.

Adjudged to be AFFIRMED IN PART, REVERSED IN PART. Thomas, J., delivered the opinion of the court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined, and in which Scalia, J., joined in part. Scalia, J., filed an opinion concurring in part and concurring in the judgment.

Argued. For petitioners: Christopher A. Hansen, New York, N. Y. For United States, as amicus curiae: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For respondents: Gregory A Castanias, Washington, D. C.

Record from U.S.D.C. for Southern District of New York is electronic.

Reply of petitioners Association for Molecular Pathology, et al. filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. and the time is to be divided as follows: 25 minutes for petitioners, 10 minutes for the Solicitor General, and 30 minutes for respondents.

Response of petitioners' to motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Response of respondents' to motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amicus curiae of Intellectual Property Owners Association filed. (Distributed)

Brief amicus curiae of Lynch Syndrome International filed. (Distributed)

Brief amicus curiae of Professor Jeffrey A. Lefstin filed. (Distributed)

Brief amicus curiae of Intellectual Property Amicus Brief Clinic of the Franklin Pierce Center for Intellectual Property filed. (Distributed)

Brief amicus curiae of American Bar Association filed. (Distributed)

Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed)

Brief amicus curiae of MPEG LA, LLC filed. (Distributed)

Brief amici curiae of University of Baltimore/Johns Hopkins University Center for Medicine & Law, et al. filed.

Brief amicus curiae of Dr. Ananda Mohan Chakrabarty filed. (Distributed)

Brief amicus curiae of National Venture Capital Association filed. (Distributed)

Brief amicus curiae of Immatics Biotechnologies, GmbH filed. (Distributed)

Brief amicus curiae of Boston Patent Law Association filed. (Distributed)

Brief amicus curiae of Target Discovery, Inc. filed. (Distributed)

Brief amicus curiae of Coalition for 21st Century Medicine filed. (Distributed)

Brief amici curiae of Genetech, Inc., et al. filed. (Distributed)

Brief amicus curiae of CropLife International filed. (Distributed)

Brief amicus curiae of NanoBusiness Commercialization Association filed. (Distributed)

Brief amicus curiae of Federal Circuit Bar Association filed. (Distributed)

Brief amici curiae of Association of American Physicians & Surgeons, et al. filed. (Distributed)

Brief amicus curiae of Biotechnology Industry Organization filed. (Distributed)

Brief amici curiae of Gilead Sciences, Inc., et al. filed. (Distributed)

Brief amicus curiae of InHouse Patent Counsel, LLC filed. (Distributed)

Brief amici curiae of Drs. Larry Geier, William Harb, Adam Ofer, and Donald Aptekar filed. (Distributed)

Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed)

Brief amici curiae of Animal Health Institute and Merial Limited filed. (Distributed)

Record received from U.S.C.A. for Federal Circuit. (3 boxes)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amicus curiae of Philadelphia Intellectual Property Law Association filed. (Distributed)

Brief of respondents Myriad Genetics, Inc., et al. filed. (Distributed)

CIRCULATED

SET FOR ARGUMENT ON Monday, April 15, 2013

Brief amici curiae of International Center for Technology Assessment, et al. filed.

Brief amicus curiae of CLS Bank International in support of neither party filed.

Brief amicus curiae of InVitae Corporation filed.

Brief amici curiae of Fifteen Law professors filed.

Brief amicus curiae of Knowledge Ecology International filed.

Brief amicus curiae of Professor Eileen M. Kane filed.

Brief amicus curiae of United States in support of neither party filed.

Brief amici curiae of Canavan Foundation, et al. filed.

Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.

Brief amicus curiae of Eric S. Lander in support of neither party filed.

Brief amici curiae of Ethics & Religious Liberty Commission of the Southern Baptist Convention and Prof. D. Brian Scarnecchia filed.

Brief amicus curiae of Institute of Professional Representatives Before the European Patent Office (EPI) in support of neither party filed.

Brief amici curiae of Kali N. Murray and Erika R. George filed.

Brief amicus curiae of AARP filed.

Brief amicus curiae of Sigram Schindler Beteiligungsgesellschaft mbH in support of neither party filed.

Brief amicus curiae of Genformatic LLC filed.

Brief amicus curiae of James D. Watson, Ph.D. in support of neither party filed.

Brief amici curiae of National Women's Health Network, et al. filed.

Brief amici curiae of Academics in Law, Medicine, Health Policy and Clinical Genetics in support of neither party filed.

Brief amici curiae of GeneDx and Law Professors filed.

Brief amicus curiae of Federation Internationale Des Conseils En Propriete Intellectuelle in support of neither party filed.

Brief amici curiae of American Medical Association, et al. filed.

Brief amicus curiae of Juhasz Law Firm, P.C. in support of neither party filed.

Brief of petitioners Association for Molecular Pathology, et al. filed.

Joint appendix filed. (2 volumes) (Statement of costs received).

The time to file the joint appendix and petitioners' brief on the merits is extended to and including January 24, 2013.

The time to file respondents' brief on the merits is extended to and including March 7, 2013.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.

Petition GRANTED limited to Question 1 presented by the petition.

DISTRIBUTED for Conference of November 30, 2012.

Reply of petitioners Association for Molecular Pathology, et al. filed.

Brief amici curiae of American Medical Association, et al. filed.

Brief amici curiae of Canavan Foundation, et al. filed.

Brief amici curiae of Kali N. Murray and Erika R. George filed.

Brief of respondents Myriad Genetics, Inc., et al. in opposition filed.

Brief amici curiae of Cancer Council Australia, et al. filed.

Brief amicus curiae of AARP filed.

Brief amicus curiae of Academics in Law, Medicine, Health Policy and Clinical Genetics filed.

Brief amici curiae of National Women's Health Network, et al filed.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.

Petition for a writ of certiorari filed. (Response due October 31, 2012)

Association for Molecular Pathology, et al., Petitioner, represented by Christopher A. Hansen

Myriad Genetics, Inc., et al., Respondent, represented by Gregory A. Castanias

AARP, Amicus Curiae, represented by Barbara A. Jones

Academics in Law, Medicine, Health Policy and Clinical Genetics in support of neither party, Amicus Curiae, represented by Roy I. Liebman

American Bar Association, Amicus Curiae, represented by Laurel G. Bellows

American Intellectual Property Law Association in support of neither party, Amicus Curiae, represented by Barbara R. Rudolph

American Medical Association, et al., Amicus Curiae, represented by Lori B. Andrews

Animal Health Institute and Merial Limited, Amicus Curiae, represented by Judy de Leon Jarecki-Black

Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al., Amicus Curiae, represented by Krista L. Cox

Association of American Physicians & Surgeons, et al., Amicus Curiae, represented by David P. Felsher

Biotechnology Industry Organization, Amicus Curiae, represented by Seth P. Waxman

Boston Patent Law Association, Amicus Curiae, represented by Erik Paul Belt

Canavan Foundation, et al., Amicus Curiae, represented by John Lawrence Hendricks

Cancer Council Australia, et al., Amicus Curiae, represented by Robert James Henry

CLS Bank International in support of neither party, Amicus Curiae, represented by Mark A. Perry

Coalition for 21st Century Medicine, Amicus Curiae, represented by Jeffrey A. Lamken

CropLife International, Amicus Curiae, represented by Evan A. Young

Dr. Ananda Mohan Chakrabarty, Amicus Curiae, represented by Jonathan E. Singer

Drs. Larry Geier, William Harb, Adam Ofer, and Donald Aptekar, Amicus Curiae, represented by Matthew S. Hellman

Eric S. Lander in support of neither party, Amicus Curiae, represented by Gideon A. Schor

Ethics & Religious Liberty Commission of the Southern Baptist Convention and Prof. D. Brian Scarnecchia, Amicus Curiae, represented by Sarah M. Shalf

Federal Circuit Bar Association, Amicus Curiae, represented by Claire Laporte

Federation Internationale Des Conseils En Propriete Intellectuelle in support of neither party, Amicus Curiae, represented by Maxim H. Waldbaum

Fifteen law professors, Amicus Curiae, represented by Joshua D. Sarnoff

GeneDx and law professors, Amicus Curiae, represented by Aaron X. Fellmeth

Genformatic LLC, Amicus Curiae, represented by Earl Landers Vickery

Gilead Sciences, Inc., et al., Amicus Curiae, represented by J. Timothy Keane

Immatics Biotechnologies, GmbH, Amicus Curiae, represented by Kristine L. Roberts

InHouse Patent Counsel, LLC, Amicus Curiae, represented by Rochelle K. Seide

Intellectual Property Amicus Brief Clinic of the Franklin Pierce Center for Intellectual Property, Amicus Curiae, represented by Ann M. McCrackin

Intellectual Property Owners Association, Amicus Curiae, represented by Paul H. Berghoff

International Center for Technology Assessment, et al., Amicus Curiae, represented by George A. Kimbrell

InVitae Corporation, Amicus Curiae, represented by William Paul Atkins

James D. Watson, Ph.D. in support of neither party, Amicus Curiae, represented by Matthew James Dowd

Juhasz Law Firm, P.C. in support of neither party, Amicus Curiae, represented by Paul R. Juhasz

Kali N. Murray and Erika R. George, Amicus Curiae, represented by Kali Nicole Murray

MPEG LA, LLC, Amicus Curiae, represented by Daryl L. Joseffer

NanoBusiness Commercialization Association, Amicus Curiae, represented by Andrew S. Baluch

National Venture Capital Association, Amicus Curiae, represented by Lynn H. Pasahow

National Women's Health Network, et al., Amicus Curiae, represented by Debra L. Greenfield

New York Intellectual Property Law Association, Amicus Curiae, represented by Matthew B. McFarlane

Pharmaceutical Research and Manufacturers of America, Amicus Curiae, represented by Kurt G. Calia

Philadelphia Intellectual Property Law Association, Amicus Curiae, represented by Paul F. Prestia

Professor Eileen M. Kane, Amicus Curiae, represented by Eileen Marie Kane

Professor Jeffrey A. Lefstin, Amicus Curiae, represented by Kevin B. Laurence

Sigram Schindler Beteiligungsgesellschaft mbH in support of neither party, Amicus Curiae, represented by Chidambaram S. Iyer

Target Discovery, Inc., Amicus Curiae, represented by David S. Forman

United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

University of Baltimore/Johns Hopkins University Center for Medicine & Law, et al., Amicus Curiae, represented by Bruce D. Abramson